Have a tenant who has previously been great. Reported issues early and was able to get them fixed (changed shower mixer valve, radiator rebalancing etc).
They’re moving out in September, giving plenty of notice in April. Now we’re doing the viewings, I’ve said I’ll condense all viewings to a hour slot on one day of the week if they can let me know when suits. I’ve done one hour of viewings across two days on different weeks (40 mins one day, 20 mins another day, 4 viewings total).
Now they’re saying that between now and September they don’t want any more viewings, citing quiet enjoyment. Understand that but have tried to be as reasonable as possible, and reminded that clause in contract states 24 hours notice etc etc. Still nothing.
They then wanted to extend to end of November after saying this and spending a week telling me about quiet enjoyment. I’ve said no as I feel they’ve been unreasonable (could have just asked to extend); I’ve accepted their notice and Distress of Rent Act means they can’t unilaterally decide to extend. I’m also worried that December is a dead month in this area for people moving, so even if (big if) they allowed the viewings, I’d definitely have no one moving in in December.
Two things. Given I won’t find a tenant between now and September, what’s the likelihood of a small claims court claim being successful if I put it in now for loss of rent, taking one month as the owed amount?
Second thing is this couple are from abroad and going back to their home country in November. Anything to be done to ensure they leave in September?
If the tenant refuses viewings it does not matter what the contract says you will have to wait till they depart.
The Distress for Rent Act also states that the rent can be doubled for every day they extend after notice !
If December is a dead month then you may take comfort in the fact you have doubled the rent till they depart.
Also the slight void will give you time for repairs
Firstly, I think its a mistake to advertise so early. The vast majority of my tenants wanted to move-in within a couple of weeks. The tenants are also correct that they are entitled to refuse viewings even if the contract says otherwise.
A tenants notice cant be extended even if both parties want this. If you accepted their notice, their tenancy will end on expiry. If they remain and you just accept rent from them, you will create a new periodic undocumented tenancy, meaning you’ll not be able to use s21 until you serve all the required documents.
Now for some pragmatism. How certain are you that they will leave in November? If they hold over, it will take you longer than 2 months to evict them. Once they go back to their own country you wont be able to recover any arrears or damages. The tenant really holds all the cards in this instance. I think that in these exceptional circumstances, I would probably agree to their extension, cancel the advert and all viewings, forget about Distress for Rent, forget small claims and try to keep them on side in the hope that they at least pay rent for the remainder of their stay.
On the advertising piece I don’t think it’s too early and has worked out well before with previous tenants. 6/7 weeks prior means new prospective tenants have enough time to pass reference checks through a third party referencing service, get contracts issued and give their own notice to their current landlord, reducing vacancy times. Everyone’s different but that’s the rationale and tends to work well. Do appreciate the additional perspective on that though.
The bit around November and them returning to their home country is the worrying part yeah. I don’t believe though it is a salvageable relationship unfortunately. Viewings are cancelled until they leave. Have you tried the SCC route before for loss of rent David?
No, luckily Ive never had to, but it may take longer than they have left in the UK to get a judgement and once they leave its practically impossible to enforce the order.